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Committee advances venue fix allowing prosecution of out-of-state drug suppliers in fatal overdoses
Summary
The Criminal Justice and Public Safety Committee advanced legislation to allow New Hampshire prosecutors to try "death resulting" cases in the county where a fatal overdose occurred or where the drugs were provided, a change proponents say is required after the state Supreme Court's State v. Fortune decision.
The Criminal Justice and Public Safety Committee advanced Senate Bill 58, a statutory venue fix intended to restore prosecutors' ability to bring "death resulting" cases after a New Hampshire Supreme Court decision narrowed where such prosecutions can be filed.
Senator Howard Pearl, who introduced SB 58 on behalf of the Merrimack County prosecutor, said the bill responds to the Supreme Court's September 2024 decision in State v. Fortune, which the sponsor and prosecutors said restricts venue to the county where a defendant committed an act (the sale of drugs) and prevents prosecution in the county where a fatal ingestion occurred. "Fortune changed the analysis in determining the venue where a death resulting case could be prosecuted," Pearl said.
Merrimack County Attorney Paul Halverson told the committee the bill…
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